Idaho law seems embezzlement as theft. To provide a case of theft, the prosecution must demonstrate that intent was present to deprive someone or a business entity from a piece of property in a willful manner. This is covered under Idaho Code § 18-2403. Embezzling money is one of the many things that are considered under theft offenses.
Idaho Embezzlement Laws and Penalties
There are two main theft categories in Idaho, linked to the value of the property that was stolen. Petit theft is a misdemeanor crime, whereas grand theft can be either a misdemeanor or a felony. The dollar value and the type of property that was embezzled will determine whether it is a petit or grand theft. As such:
- Petit or petty theft applies when the value of the property is less than $1,000, unless the property taken was a credit or debit card, a check, a firearm, or livestock. This is covered under Idaho Code § 18-2407(2). A petit theft crime is punishable by a county jail prison sentence of up to one year and/or a fine of up to $1,000.
- Grand theft is generally seen as a felony crime leading to imprisonment of between one and 14 years and/or a fine of up to $5,000. This is covered under Idaho Code § 18-2408.
- If extortion is found to have been part of grand theft, then the fine increases to up to $10,000 and the imprisonment sentence increases to up to 20 years.
Additionally, in cases of theft, defendants may also face civil liability. In that case, they will have to pay restitution to the value of the property stole as well as damages of between $100 and $250. They will also be responsible for the attorney’s fees and the cost of the lawsuit. This is covered under Idaho Code § 48-701.
Idaho Embezzlement Defenses
In order for a judge or jury to convict someone of embezzlement in the state of Idaho, the prosecution must be able to prove beyond a reasonable doubt that intent to embezzle was there. They may, therefore, case reasonable doubt by showing the defendant acted in good faith or that they were acting under duress.
Idaho Embezzlement Statute of Limitations
Under TITLE 19, CRIMINAL PROCEDURE, CHAPTER 4, TIME OF COMMENCING CRIMINAL ACTIONS the statute of limitation varies depending on whether the case is charged as a misdemeanor or a felony. In misdemeanor cases, the statute is just one year. Certain felony cases, however, carry no statute of limitations at all. Furthermore, the statute can be tolled, which means the clocks stops ticking, if the defendant is unable to stand trial, for instance because they are out of state.
Idaho Embezzlement Cases
- Woman from Idaho arrested on embezzlement charges. 64 year old Lori Isenberg, from Coeur d’Alene in Northern Idaho, has been arrested on embezzlement charges. She initially disappeared but has now been taken into custody. She is also being investigated over the death of her husband. She is alleged to have embezzled half a million dollars from the North Idaho Housing Coalition, an organization helping low income family on the property ladder. She pleaded not guilty in February and posted a bond, after which she disappeared.
- Man embezzled between $65,000 and $95,000 from C-A-L Ranch faces sentencing. Jeffrey Kortright, a 36 year old man from Rexburg, pleaded guilty to embezzling tens of thousands of dollars. He was sentenced to a two year fixed and four years indeterminate prison sentence, which was suspended, to be replaced with five years probation and 365 days in jail. He made a plea agreement, which saw his charge of felony grand theft and computer crimes be reduced.
- Idaho woman embezzles $2 million – faces 30 year prison sentence. Charlotte Pottorff, a 65 year old woman from Idaho Falls, has been sentenced to 30 years in prison for embezzling over $2 million from her Dura-Bilt Transmissions employer. She gambled the money away but will have to repay it. She will also have to serve at least six years of her sentence before she will be considered for parole.
- Embezzlement from RentMaster case dropped. Jennifer Jill Handy, a 39 year old woman from Rexburg, faced four felony grand theft charges as well as three felon computer crimes for allegedly embezzling over $4,000 from RentMaster. A judge has dismissed the case for lack of evidence. Handy had already faced other embezzling charges and was on probation for a previous case in which she embezzled $105,000 from her past employer, Forsberg Law Office, a crime for which she served several years in prison. Handy has now started civil proceedings against RentMaster.
- ISU employee sentenced to 14 years of probation following embezzlement. Tyler Liddle, a former student and employee of Idaho State University, has been sentenced to 14 years probation for embezzlement of $116,000 from the school. He will also have to repay all the money taken. Liddle profusely apologized for his actions and understood the possible repercussions of those on the rest of the community. The deal includes 150 hours of community service and Liddle will no longer be allowed to live in Pocatello. Initially, a sentence of 10 years and a $100,000 had been requested.